A special court established under the Official Secrets Act of 2023 has postponed the indictment of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and the party’s Vice Chairman Shah Mahmood Qureshi in the cipher case until the next week. The hearing took place at the Adiala jail in Rawalpindi, presided over by the special court judge, Abual Hasnat Zulqarnain, who scheduled the indictment for the forthcoming hearing.
The framing of charges against the PTI leaders was delayed because the copies of the case challans had not been provided to the accused during the previous hearing. During the latest hearing, copies of the challans were distributed to the accused, and the case hearing was adjourned for a week.
In attendance at the hearing was the Federal Investigation Agency’s (FIA) special prosecutor, Shah Khawar, along with both Imran Khan and Shah Mahmood Qureshi, who were present in the prison courtroom. The court had initially set October 17 as the date for indictment, with the challan issued on October 9; however, the copies had not been shared with the accused at that time.
The special prosecutor stated, “The accused had refused to receive a copy of the challan at the previous hearing.”
Once the charges are framed, the prosecution’s evidence will be recorded, and the trial of the case will commence. Subsequently, the court will record the testimonies and statements of the accused.
Outside the Adiala jail before the hearing, a member of Imran Khan’s legal team, Umair Niazi, noted that copies had not been provided to them during the previous hearing. He also mentioned that the court had not allowed the prosecution’s Section 14 plea, and the issue of holding the hearing in camera would be discussed.
It is important to mention that the Islamabad High Court (IHC) had recently reserved its ruling on petitions filed by Imran Khan seeking post-arrest bail and the quashing of the cipher case.
In August, Imran Khan was booked under the Official Secrets Act of 1923 in the cipher case after the FIA invoked Section 5 of the law. The diplomatic cable reportedly went missing from his possession, and it was alleged to contain a threat from the US to topple the PTI’s government. As of now, Imran Khan is in Adiala jail on judicial remand in the cipher case, following his sentencing to three years in prison in the Toshakhana case on August 5, 2023. Initially held in Attock jail, he was later moved to Adiala jail at his request.
FIA prosecutor Khawar informed journalists that the indictment proceedings would take place on Monday, October 23. He explained, “On October 23, the charges will be framed, and the indictment will be filed. After the indictment, the regular trial of the cipher case will begin.”
Imran Khan’s counsel, Sher Afzal Marwat, stated that the court had ruled that an indictment could not proceed without providing copies of the challan to the accused. He also mentioned that the issue of conducting the case hearing in jail would be challenged in court again.
Marwat also raised concerns about the conditions of Imran Khan’s detention, stating that he is being held in a cage-like room, and his rights are being violated. He expressed dismay over attempts to implicate Imran Khan in the May 9 incidents.
The FIA, in its challan, asserted that Imran Khan and Shah Mahmood Qureshi were involved in the matter, requesting that the court conduct their trial and issue a sentence in the case. Asad Umar, former PTI secretary-general, was not included in the list of accused, and Azam Khan, Imran Khan’s former principal secretary, was named as a “strong witness” in the case.
The FIA attached Azam’s statements, recorded under Sections 161 and 164, to the challan. The FIA claimed that Imran Khan had kept the cipher but did not return it. The agency also submitted a list of 28 witnesses to the court along with the challan, after recording their statements under Section 161. The list included former foreign secretaries Asad Majeed, Sohail Mehmood, and the then additional foreign secretary Faisal Niaz Tirmizi.
The controversy known as “Ciphergate” initially emerged on March 27, 2022, when Imran Khan waved a letter before a crowd, alleging that it was a cipher from a foreign nation that had conspired with his political rivals to overthrow the PTI government. He did not disclose the contents of the letter or the nation it came from but later accused the United States of conspiring against him.
The cipher pertained to a meeting between former Pakistan ambassador to the US Asad Majeed and Assistant Secretary of State for South and Central Asia Affairs Donald Lu. Following his removal from office, Imran Khan’s claim was challenged by the National Security Committee, which found no evidence of a foreign conspiracy in the cable.
Audio leaks then surfaced, allegedly featuring Imran Khan, Asad Umar, and Azam Khan discussing the US cipher and how to use it to their advantage. In response, the federal cabinet constituted a committee to investigate the contents of the audio leaks. In October, the cabinet authorized action against Imran Khan, and the case was handed over to the FIA. Imran Khan challenged the FIA’s summons initially but eventually faced the investigation into the case.
A special court established under the Official Secrets Act of 2023 has postponed the indictment of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and the party’s Vice Chairman Shah Mahmood Qureshi in the cipher case until the next week. The hearing took place at the Adiala jail in Rawalpindi, presided over by the special court judge, Abual Hasnat Zulqarnain, who scheduled the indictment for the forthcoming hearing.
The framing of charges against the PTI leaders was delayed because the copies of the case challans had not been provided to the accused during the previous hearing. During the latest hearing, copies of the challans were distributed to the accused, and the case hearing was adjourned for a week.
In attendance at the hearing was the Federal Investigation Agency’s (FIA) special prosecutor, Shah Khawar, along with both Imran Khan and Shah Mahmood Qureshi, who were present in the prison courtroom. The court had initially set October 17 as the date for indictment, with the challan issued on October 9; however, the copies had not been shared with the accused at that time.
The special prosecutor stated, “The accused had refused to receive a copy of the challan at the previous hearing.”
Once the charges are framed, the prosecution’s evidence will be recorded, and the trial of the case will commence. Subsequently, the court will record the testimonies and statements of the accused.
Outside the Adiala jail before the hearing, a member of Imran Khan’s legal team, Umair Niazi, noted that copies had not been provided to them during the previous hearing. He also mentioned that the court had not allowed the prosecution’s Section 14 plea, and the issue of holding the hearing in camera would be discussed.
It is important to mention that the Islamabad High Court (IHC) had recently reserved its ruling on petitions filed by Imran Khan seeking post-arrest bail and the quashing of the cipher case.
In August, Imran Khan was booked under the Official Secrets Act of 1923 in the cipher case after the FIA invoked Section 5 of the law. The diplomatic cable reportedly went missing from his possession, and it was alleged to contain a threat from the US to topple the PTI’s government. As of now, Imran Khan is in Adiala jail on judicial remand in the cipher case, following his sentencing to three years in prison in the Toshakhana case on August 5, 2023. Initially held in Attock jail, he was later moved to Adiala jail at his request.
FIA prosecutor Khawar informed journalists that the indictment proceedings would take place on Monday, October 23. He explained, “On October 23, the charges will be framed, and the indictment will be filed. After the indictment, the regular trial of the cipher case will begin.”
Imran Khan’s counsel, Sher Afzal Marwat, stated that the court had ruled that an indictment could not proceed without providing copies of the challan to the accused. He also mentioned that the issue of conducting the case hearing in jail would be challenged in court again.
Marwat also raised concerns about the conditions of Imran Khan’s detention, stating that he is being held in a cage-like room, and his rights are being violated. He expressed dismay over attempts to implicate Imran Khan in the May 9 incidents.
The FIA, in its challan, asserted that Imran Khan and Shah Mahmood Qureshi were involved in the matter, requesting that the court conduct their trial and issue a sentence in the case. Asad Umar, former PTI secretary-general, was not included in the list of accused, and Azam Khan, Imran Khan’s former principal secretary, was named as a “strong witness” in the case.
The FIA attached Azam’s statements, recorded under Sections 161 and 164, to the challan. The FIA claimed that Imran Khan had kept the cipher but did not return it. The agency also submitted a list of 28 witnesses to the court along with the challan, after recording their statements under Section 161. The list included former foreign secretaries Asad Majeed, Sohail Mehmood, and the then additional foreign secretary Faisal Niaz Tirmizi.
The controversy known as “Ciphergate” initially emerged on March 27, 2022, when Imran Khan waved a letter before a crowd, alleging that it was a cipher from a foreign nation that had conspired with his political rivals to overthrow the PTI government. He did not disclose the contents of the letter or the nation it came from but later accused the United States of conspiring against him.
The cipher pertained to a meeting between former Pakistan ambassador to the US Asad Majeed and Assistant Secretary of State for South and Central Asia Affairs Donald Lu. Following his removal from office, Imran Khan’s claim was challenged by the National Security Committee, which found no evidence of a foreign conspiracy in the cable.
Audio leaks then surfaced, allegedly featuring Imran Khan, Asad Umar, and Azam Khan discussing the US cipher and how to use it to their advantage. In response, the federal cabinet constituted a committee to investigate the contents of the audio leaks. In October, the cabinet authorized action against Imran Khan, and the case was handed over to the FIA. Imran Khan challenged the FIA’s summons initially but eventually faced the investigation into the case.